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The Violation of Maine’s Constitution by Judiciary and Guardians ad litem

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The following letter suggest that there are serious issues with regards to LD522 and whether if it is implemented would be a violation of Maine’s Constitution. This is not the first time where we have seen what would be an infringement of ones Constitutional rights here in Maine. This though holds the potential of being on a much larger scale.

April 10, 2013

Maine Judicial Committee

100 State House Station

Augusta, Maine 04333

Dear Judicial Committee Member,

Please find within a friendly reminder regarding LD 522; upon accepting your State of Maine Government position, you took an oath and made a pledge to up hold both the Maine and United States Constitutions.

The Maine Constitution is very direct and clear that powers and responsibilities delegated to the Legislator, Governor, and Judicial Branch cannot be under any circumstances sub-delegated.

Whereas, LD 522 clearly does in fact sub delegated the responsibilities and power of oversight regarding Guardian Ad Litem’s to a private and non-government entity; being the Board of Overseers of the Maine Bar.

Therefore, as a member of this judicial committee, you have a responsibility and must reject LD522 and if it should be move forward to the State House and Senate floor; could be a possible act in clear violation of the Maine Constitution. If for some reason, should LD522 be forward to the House and Senate floor; it must contain a proper disclosure that it may be in violation of the Maine Constitution.

I personally find it very troubling that some committee members whom should have a commanding knowledge of the Maine Constitution; would even consider supporting LD 522. Moreover, what is even more troubling is that LD522, was recommended by the Judicial Branch, which should have clearly known that these government powers and responsibilities cannot be sub-delegated to the board of overseers of the Maine Bar!

Another major U.S. Constitutional issue is the sub-delegation of powers in granting immunity or quasi – immunity to attorneys, or guardian ad litems that only represent individuals or a small group of individuals of the general public is prohibited; compare to attorneys that represents the vast majority of the general public with Constitutional rights which is acceptable. Therefore, LD 522 granting guardian ad litem quasi – immunity is in clear conflict with the U.S. Constitution and the U.S. Supreme Court opinion’s which have made it very clear as whom can be granted immunity and quasi-immunity. Therefore those attorneys, or guardian ad litems which only represent a child, or small group of children in a particular family will not qualify for any type of immunity, or quasi – immunity.

In closing, this committee should not recommend or allow LD522 to continue on to the floor of the Maine House, or Senate; due to what appears to be major Constitutional violations and conflicts.

Respectfully submitted by,

R Baizley

If you have an interest in bringing about Guardian ad litem reform please contact us at MeGALalert@gmail.com or find us on Facebook.

About cathycooper

Cathy Cooper and Paul Collins are residents of Midcoast Maine involved in divorce, custody and parental issues. One from the sideline and the other from personal experience. Both working on Family Court and Guardian ad litem reform through education and political process.

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About the Authors

Cathy and Paul are residents of the Midcoast area of Maine involved
in divorce, custody and parental issues. One from personal experiences
the other from the sidelines. Working to change a badly broken system
through education and political action.